DIVE LOG AUSTRALASIA FEB 2026
It has been my privilege to work in collaboration with Sarah Levy. Her master’s thesis on direct action and the Enforcement of International marine conservation law has evolved into this exceptional book entitled The Only Flag Worth Flying. On January 17 th , 2026, the High Seas Treaty on Protecting Biodiversity Beyond National Jurisdiction became an international law ratified by 83 nations. But what does it mean other than a piece of paper with promises of action? Without enforcement it is just that – a piece of paper. It makes those nations that signed and ratified it look like they care about defending and protecting the ocean but none of them are sending ships to sea to uphold the promises proclaimed as international law. Furthermore, a few of the more egregious offenders of marine conservation have refused to sign or to ratify the treaty and this includes the United States, Russia, the United Kingdom, India and Japan. The major powers that did sign and ratify are China, the European Union, Canada and Brazil. THE ONLY FLAG WORTH FLYING By Captain Paul Watson W hat this planet needs right now are more swashbuckling eco-pirates! Why? Because pirates get sh!t done, they cut through the bureaucratic red tape, the political bullsh!t and focus on the target.
Japan of course continues with illegal whaling, and the U.S. wants unrestricted access to exploit the seabed for minerals. We shall see if any of the signatories will take action against any violations of the treaty, but if history is an indication, such action will be token at best. And this is where Sarah Levy’s book suggests that if there is any enforcement at all it is coming from non-governmental marine conservation organizations and individuals willing to challenge illegal activities on the high seas. Sarah’s book is divided into three sections. The first is Soundings – the charting of the historical and legal foundations of marine conservation. The second part is Currents – exploring the Force and Protection of Direct Action and the third part is Horizons – Navigating the Future of Ocean Governance Beyond the State. The importance of this book is in exposing the impotence and inefficiency of international conservation law and the necessity of non-governmental organizations to intervene to provide a service when world government’s refuse to uphold their responsibility to protect marine eco-systems beyond national jurisdictions. Focusing on ecocentric legal theory, drawing on legal analysis, political critique, and detailed campaign case studies, this book challenges the assumption that enforcement is the sole domain of the nation-state. Instead, it argues that legitimacy may derive not from formal authority, but from the courage to uphold laws that institutions have abandoned. In doing so, this book reframes direct action as being essential to the law’s integrity: the upholding of a shared responsibility to conserve our oceans. For when legality becomes illusion, resistance may be the most just act of all. In this sea of fallen standards, the pirate flag may be the only one worth flying. In 2015, Sea Shepherd ships pursued and chased the outlaw tooth fishing fleet out of the Southern Ocean. The resulting 120-day chase of the toothfish poacher Thunder was the longest pursuit of a poaching vessel in maritime history that ended with the captain of the Thunder sinking his own ship to destroy the evidence of its illegal activities. My crew responded by boarding the sinking ship to secure the evidence. My crew also rescued the 42 crewmembers and delivered DIVE LOG Australasia #416 - February’ 26 81 www.divelog.net.au
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